On 22nd February 2018 the Lagos Court, presided over by Justice T.A.O. Oye kan- Abdullahi had in a suit brought by the Incorporated Trustees of Project for Human Development (PHD) against the Incorporated Trustees of the Society for Family Health (SFH) (SUIT NO. ID/1446MFHR/2015 Incorporated Trustees of the Project for Human Development PHD V Incorporated Trustees of the Society for Family Health (SFH), ruled that condoms are not 100% effective, and that total abstinence or faithfulness is the best option. The court also ruled that condoms should, and that total abstinence or faithfulness is the best option. The court also ruled that advertising between 6 a.m. and 8 p.m. on Radio and between 6 a.m. and 10 p.m. on Television.
Whereas the applicant, the Incorporated Trustees of Project for Human Development, had through their counsel sought before Justice Oye kan-Abdullahi, the following reliefs against the Incorporated Trustees of the Society for Family Health.
(i) A DECLARATION that the advertisement of the “Gold Circle” condom by the 1st Respondent on page 73 of The Guardian Newspaper of May 12, 2014, the 2nd Respondent Newspaper, without the Health Risk Warning Clause of the Advertising Practitioners Council of Nigeria (APCON), to wit: Be warned: the condom is not 100 per cent safe. Total Abstinence is the best option” is contrary to Articles 2,3,4,48,49,50 or faithfulness is the best option” is contrary to Articles 2,3,4,48,49,50 of the Code of Sales Promotion and Other Rights/Restrictions on Practice (5th Edition)(APCON Laws), sections 17, 37, 38, 39 (3), 45 of the 1999 Constitution (of the Federal) APCON Laws), sections 17, 37, 38, 39 (3), 45 of the 1999 Constitution (of the Federal Republic of Nigeria and Articles 17, 18 27 and 29 of the African Charter on Human & Peoples’ Rights (Ratification Enforcement) Act, CAP 10 and therefore illegal and unconstitutional.
(ii) A DECLARATION that the failure/negligence/refusal of the 1st Respondent to insert the aforesaid Health Risk Warning Clause on the packets of “Gold Circle” condom which it markets and advertises throughout Nigeria is contrary to article 49 of the APCON Laws, Nigeria 17, 38, 39 (3), 45 of the 1999 Constitution of the Federal Republic of Nigeria and Articles 17, 18 27 and 29 of the African Charter on Human & Peoples’ Rights (Ratification Enforcement) Act, CAP 10 and therefore illegal and unconstitutional.
(iii) A PERPETUAL INJUNCTION restraining the 1st Respondent, whether by themselves, their agents, servants or privies restraining the 1st Respondent, whether by themselves, their “Gold Circle” condom or any condom at all in The Guardian Newspaper, the 2nd respondent or any other media or anywhere in Nigeria without compliance with APCON Laws.
(iv) AND APCON Laws. or other orders as this Honourable Court may deem fit to make in the circumstances.
Consequently, in her considered judgment, Justice Oye kan-Abdullahi held that the respondent shall (APCON) to wit: “Health Risk Warning Clause of the Advertising Practitioners Council of Nigeria faithfulness is the best option” in all condom advertisement. Further. Total Court also ruled that the Respondent shall continue to desist from advertising and marketing the condom between 6 a.m. and 8 p.m. on Radio and between 6 a.m. and 10 p.m. on Television.